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Justice and Security (Northern Ireland) Bill


Justice and Security (Northern Ireland) Bill

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(7)   

This paragraph applies to a disclosure by a person other than a member

of the police service or an officer of the court if the juror information is

disclosed in accordance with jury check guidelines.

(8)   

This paragraph applies to a disclosure for the purposes of criminal

proceedings (but not for the purposes of any proceedings in relation to

5

which the person to whom the juror information relates may be, is, or

has been, a juror).

(9)   

This paragraph applies to a disclosure made with leave of a court.

26C     

Interpretation of Articles 26A and 26B

(1)   

This Article applies for the purposes of Articles 26A and 26B.

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(2)   

“Court official” means—

(a)   

an officer of the court (see Article 2(2)), or

(b)   

a court security officer.

(3)   

“Electoral officer” means—

(a)   

the Chief Electoral Officer for Northern Ireland, or

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(b)   

a person to whom any of his functions are delegated under

section 14A(2) of the Electoral Law Act (Northern Ireland) 1962

or Article 9(2) of the Electoral Law (Northern Ireland) Order

1972.

(4)   

“Juror information” means information which identifies (or from which

20

it is possible to identify) a particular person as being or as having

been—

(a)   

a juror,

(b)   

listed on any Divisional Jurors List or on any panel prepared

under Article 5, or

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(c)   

selected for inclusion on any such List under Article 4(1) and (2).

(5)   

“Jury check guidelines” means guidelines issued by the Attorney

General relating to the making of additional checks on jurors and the

exercise by the Crown of its right under Article 15(4).

(6)   

“Member of the police service” means—

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(a)   

a member of the Police Service of Northern Ireland;

(b)   

a member of the Police Service of Northern Ireland Reserve;

(c)   

a member of the police support staff (within the meaning of the

Police (Northern Ireland) Act 2000).”

(2)   

Schedule 2 (restrictions on disclosure of juror information: further

35

amendments) shall have effect.

(3)   

Subsection (1) does not have effect in relation to—

(a)   

any information which identifies (or from which it is possible to

identify) a particular person as having been a juror before the date on

which that subsection comes into force, or

40

(b)   

any information made available for inspection under Article 4 or 7 of

the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) before

that date.

 
 

Justice and Security (Northern Ireland) Bill

9

 

10      

Chief Electoral Officer to provide additional information to Juries Officer

(1)   

The Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) is amended

as follows.

(2)   

In Article 4 (preparation of Jurors Lists), in paragraph (3), omit “whose name

is”.

5

(3)   

In Article 4, after paragraph (3) insert—

“(3A)   

The list referred to in paragraph (3) shall include the following

information in respect of each person included in it—

(a)   

the person’s full name;

(b)   

the person’s address;

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(c)   

the person’s date of birth; and

(d)   

the person’s national insurance number or a statement that he

does not have one.”

(4)   

In Article 4, in paragraph (7)—

(a)   

for the words from “full name” to “the occupation” substitute

15

“following information in respect”;

(b)   

at the end insert—

“(a)   

the person’s full name;

(b)   

the person’s address;

(c)   

the person’s date of birth;

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(d)   

the person’s national insurance number or a statement

that he does not have one; and

(e)   

subject to paragraph (10)(b), the person’s occupation.”

(5)   

In Article 6 (form of panel), in paragraph (1), omit “with their addresses, and

(subject to Article 4(10)(b)) occupations”.

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(6)   

In Article 6, after paragraph (1) insert—

“(1A)   

The panel shall include the following information in respect of each of

the persons selected—

(a)   

the person’s address;

(b)   

the person’s date of birth;

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(c)   

the person’s national insurance number or a statement that he

does not have one; and

(d)   

(subject to Article 4(10)(b)) the person’s occupation.”

11      

Jurors found to be disqualified before being summoned

In Article 8 of the Juries (Northern Ireland) Order 1996 (summoning of jurors),

35

after paragraph (1) insert—

“(1A)   

But if the Juries Officer is satisfied, as a result of a check undertaken by

an officer of the court for the purpose, that a juror whose name is

included in a panel is—

(a)   

disqualified for jury service; or

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(b)   

not qualified for jury service in the court to be specified in the

jury summons,

   

the Officer shall not summon the juror under paragraph (1).”

 
 

Justice and Security (Northern Ireland) Bill

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12      

Abolition of peremptory challenge in criminal cases

(1)   

Article 15 of the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))

(challenges in criminal cases) is amended as follows.

(2)   

In paragraph (1), omit sub-paragraph (a) (including the word “and” at the end).

(3)   

In paragraph (2), for “shall challenge only” substitute “may challenge any juror

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or jurors”.

(4)   

After paragraph (4) insert—

“(5)   

In addition and without prejudice to any powers which the court may

possess to order the exclusion of the public from any proceedings the

judge may order that the hearing of a challenge for cause shall be in

10

camera or in chambers.”

Human Rights Commission

13      

Legal proceedings

(1)   

In section 71(1) of the Northern Ireland Act 1998 (c. 47) (Human Rights

Commission: Convention rights proceedings: restrictions) for “section 6(2)(c),

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24(1)(a) or 69(5)(b)” substitute “6(2)(c) or 24(1)(a)”.

(2)   

After section 71(2) of that Act insert— 

“(2A)   

Subsection (1) does not apply to the Commission.

(2B)   

In relation to the Commission’s instituting, or intervening in, human

rights proceedings—

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(a)   

the Commission need not be a victim or potential victim of the

unlawful act to which the proceedings relate,

(b)   

section 7(3) and (4) of the Human Rights Act 1998 (c. 42) (breach

of Convention rights: sufficient interest, &c.) shall not apply,

(c)   

the Commission may act only if there is or would be one or

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more victims of the unlawful act, and

(d)   

no award of damages may be made to the Commission

(whether or not the exception in section 8(3) of that Act applies).

(2C)   

For the purposes of subsection (2B)—

(a)   

“human rights proceedings” means proceedings which rely

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(wholly or partly) on—

(i)   

section 7(1)(b) of the Human Rights Act 1998, or

(ii)   

section 69(5)(b) of this Act, and

(b)   

an expression used in subsection (2B) and in section 7 of the

Human Rights Act 1998 has the same meaning in subsection

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(2B) as in section 7.”

14      

Investigations: evidence

After section 69 of the Northern Ireland Act 1998 (Human Rights Commission

 
 

Justice and Security (Northern Ireland) Bill

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functions) insert—

“69A    

Investigations: evidence

(1)   

For the purpose of an investigation under section 69(8) the Commission

may by notice in writing require a person—

(a)   

to provide information in his possession,

5

(b)   

to produce documents in his possession, or

(c)   

to give oral evidence.

(2)   

A notice may include provision about—

(a)   

the form of information, documents or evidence;

(b)   

timing.

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(3)   

A notice—

(a)   

may not require a person to provide information that he is

prohibited from disclosing by virtue of an enactment,

(b)   

may not require a person to do anything that he could not be

compelled to do in proceedings before the High Court, and

15

(c)   

may not require a person to attend at a place unless the

Commission undertakes to pay the expenses of his journey.

(4)   

The Commission may issue a notice under subsection (1) only if it has—

(a)   

considered whether the matter to which the notice relates has

already been sufficiently investigated by another person, and

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(b)   

concluded that it has not.

(5)   

The recipient of a notice may apply to a county court to have the notice

cancelled on the grounds that the requirement imposed by the notice—

(a)   

is unnecessary having regard to the purpose of the investigation

to which the notice relates,

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(b)   

contravenes subsection (4) or section 69D, or

(c)   

is otherwise unreasonable.

(6)   

Subsection (7) applies where the Commission thinks that a person—

(a)   

has failed without reasonable excuse to comply with a notice, or

(b)   

is likely to fail without reasonable excuse to comply with a

30

notice.

(7)   

The Commission may apply to a county court for an order requiring a

person to take such steps as may be specified in the order to comply

with the notice.

(8)   

A person commits an offence if without reasonable excuse he—

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(a)   

fails to comply with a notice,

(b)   

fails to comply with an order under subsection (7),

(c)   

falsifies anything provided or produced in accordance with a

notice or order, or

(d)   

makes a false statement in giving oral evidence in accordance

40

with a notice.

(9)   

A person who is guilty of an offence under subsection (8) shall be liable

on summary conviction to a fine not exceeding level 5 on the standard

scale.

 
 

Justice and Security (Northern Ireland) Bill

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(10)   

A notice under this section may not require the Public Prosecution

Service for Northern Ireland to supply documents or evidence about a

decision whether or not to institute or continue criminal proceedings.

69B     

Investigations: national security

(1)   

Where a person is given a notice under section 69A(1) he shall

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disregard it, and notify the Commission that he is disregarding it, in so

far as he thinks it would require him—

(a)   

to disclose sensitive information within the meaning of

paragraph 4 of Schedule 3 to the Intelligence Services Act 1994

(c.13) (Intelligence and Security Committee),

10

(b)   

to disclose information which might lead to the identification of

an employee or agent of an intelligence service (other than one

whose identity is already known to the Commission),

(c)   

to disclose information which might provide details of

processes used in recruiting, selecting or training employees or

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agents of an intelligence service,

(d)   

to disclose information which might provide details of, or

cannot practicably be separated from, information falling

within any of paragraphs (a) to (c),

(e)   

to make a disclosure of information relating to an intelligence

20

service which would prejudice the interests of national security,

or

(f)   

to make a disclosure of information relating to the Police Service

of Northern Ireland which would prejudice the interests of

national security.

25

(2)   

Where in response to a notice under section 69A(1) a person gives a

notice to the Commission under subsection (1) above—

(a)   

section 69A(7) and (8) shall not apply in relation to that part of

the notice under section 69A(1) to which the notice under

subsection (1) above relates,

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(b)   

the Commission may apply to the tribunal established by

section 65 of the Regulation of Investigatory Powers Act 2000 (c.

23) for an order requiring the person to take such steps as may

be specified in the order to comply with the notice,

(c)   

the following provisions of that Act shall apply in relation to

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proceedings under this subsection as they apply in relation to

proceedings under that Act (with any necessary

modifications)—

(i)   

section 67(7), (8) and (10) to (12) (determination),

(ii)   

section 68 (procedure), and

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(iii)   

section 69 (rules), and

(d)   

the tribunal shall determine proceedings under this subsection

by considering the opinion of the person who gave the notice

under subsection (1) above in accordance with the principles

that would be applied by a court on an application for judicial

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review of the giving of the notice.

(3)   

Where the Commission receives information or documents from or

relating to an intelligence service in response to a notice under section

69A(1), the Commission shall store and use the information or

 
 

Justice and Security (Northern Ireland) Bill

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documents in accordance with any arrangements specified by the

Secretary of State.

(4)   

The recipient of a notice under section 69A(1) may apply to the High

Court to have the notice cancelled on the grounds that the requirement

imposed by the notice is undesirable for reasons of national security,

5

other than for the reason that it would require a disclosure of a kind to

which subsection (1) above applies.

(5)   

An investigation under section 69(8) may not consider—

(a)   

whether an intelligence service has acted (or is acting) in a way

which is incompatible with a person's human rights, or

10

(b)   

other matters concerning human rights in relation to an

intelligence service.

(6)   

In this section “intelligence service” means—

(a)   

the Security Service,

(b)   

the Secret Intelligence Service, and

15

(c)   

the Government Communications Headquarters.”

15      

Investigations: access to prisons, &c.

(1)   

After section 69B of the Northern Ireland Act 1998 (c. 47) (inserted by section

14 above) insert—

“69C    

Investigations: places of detention

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(1)   

For the purpose of an investigation under section 69(8) a person

authorised in writing by the Commission may enter a specified place of

detention in Northern Ireland on one or more occasions during a

specified period.

(2)   

In subsection (1) “specified” means specified in the terms of reference

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of the investigation.

(3)   

In subsection (1) “place of detention” means—

(a)   

a prison specified in the Schedule to the Prisons and Young

Offenders Centres Rules (Northern Ireland) 1995,

(b)   

a place used for the purpose of detaining arrested persons in a

30

police station designated under Article 36 of the Police and

Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/

1341 (N.I. 12)),

(c)   

a place designated under paragraph 1 of Schedule 8 to the

Terrorism Act 2000 (c.11) (detention),

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(d)   

in a building where a court sits, a place used for the purpose of

detaining arrested persons,

(e)   

a juvenile justice centre provided under Article 51 of the

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I.

1998/1504 (N.I. 9)),

40

(f)   

the secure accommodation in Bangor provided and used in

accordance with Article 44 of the Children (Northern Ireland)

Order 1995 (S.I. 1995/755 (N.I. 2)),

(g)   

a removal centre or short-term holding facility within the

meaning of section 147 of the Immigration and Asylum Act 1999

45

(c.33), and

 
 

Justice and Security (Northern Ireland) Bill

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(h)   

any accommodation (including accommodation in a hospital)

provided for the purpose of detention under the Mental Health

(Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4.)).

(4)   

The Commission may specify a place of detention in the terms of

reference of an investigation only if it has—

5

(a)   

considered whether the matter in respect of which the place is

specified has already been sufficiently investigated by another

person, and

(b)   

concluded that it has not.

(5)   

The power under subsection (1) may not be exercised—

10

(a)   

during the period of 15 days beginning with that on which

copies of the terms of reference of the investigation are

provided in accordance with section 69D(1)(b), or

(b)   

while an application under subsection (6), made during that

period, has not yet been determined.

15

(6)   

A county court may, on the application of a person who appears to the

court to be responsible for a place of detention specified in terms of

reference—

(a)   

order that the power under subsection (1) may not be used to

enter the place of detention;

20

(b)   

impose restrictions on the exercise of the power in relation to

the place of detention;

(c)   

require the Commission to amend the terms of reference.

(7)   

An order may be made under subsection (6) only if the court thinks

that—

25

(a)   

access to the place of detention is unnecessary having regard to

the purpose of the investigation,

(b)   

it would be unreasonable to allow the Commission access to the

place of detention, or

(c)   

the Commission has failed to comply with subsection (4) or

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section 69D.

(8)   

In considering whether to make an order under subsection (6), and in

considering the terms of an order under subsection (6)(b), the court

shall have regard, in particular, to the likely impact of the use of the

power under subsection (1) on the operation of the place of detention.

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(9)   

If a person obstructs the Commission in the exercise of the power under

subsection (1) the Commission may apply to a county court for an order

requiring the person not to obstruct the Commission.

(10)   

A person commits an offence if without reasonable excuse he fails to

comply with an order under subsection (9).

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(11)   

A person who is guilty of an offence under subsection (10) shall be

liable on summary conviction to a fine not exceeding level 5 on the

standard scale.

(12)   

The Secretary of State may by order amend subsection (3).”

(2)   

In section 96(2) of the Northern Ireland Act 1998 (c. 47) (orders) after “55,”

45

insert “69C(9),”.

 
 

 
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